Saturday, May 9, 1998 Last modified at 4:48 a.m. on Saturday, May 9, 1998

Court rules against ex-lover's visitation

AUSTIN (AP) - A lesbian has no right to seek visitation with her ex-lover's child, the Texas Supreme Court ruled Friday.

The court did not focus its decision on Lisa Fowler's sexual orientation. It said state law requires anyone seeking visitation with a child to have "actual care, control and possession of the child" for at least six months immediately before seeking visitation.

Ms. Fowler had claimed the law required her to have such care and control for at least six months sometime before seeking visitation.

Ms. Fowler and Tonia Jones, both of Austin, had an eight-year relationship that ended in 1994. During that time, Ms. Jones gave birth to a boy conceived with the help of a sperm donor.

For a year after the relationship ended, Ms. Jones allowed Ms. Fowler access to the child and allowed her to take possession of him for short periods of time. That ended in June 1995.

Ms. Fowler sought visitation rights in October 1995.

Ms. Jones challenged Ms. Fowler's right to visitation, citing state law that required a person to have care, control and possession of a child "for at least six months immediately preceding the filing of the petition."

The Legislature changed the law in 1995, removing the word "immediately."

Ms. Fowler said removing the word allows a person to seek visitation rights if they had cared for the child for at least six months sometime before seeking visitation.

The 3rd Court of Appeals agreed and allowed Ms. Fowler to pursue her case.

But a unanimous Supreme Court said the change to the wording of the law did not change its intent.

Mary Kay Sicola, Ms. Jones' attorney, said her client denied Ms. Fowler further access to the child because of "enormous fitness" issues.

sooslsorenievJames Arth, Ms. Fowler's attorney, said there were allegations of domestic abuse that were never proven. He added that Ms. Fowler has attended anger management courses.